Is it Safe to Leave the U.S. as a Lawful Permanent Resident?

The last several weeks have caused serious concern as green card holders are pulled aside by CBP officers at the airport, sometimes denied reentry to the U.S. Read on to determine whether you need to think twice about taking that vacation!

Should You Leave the U.S.?

Whether you received your green card this morning or you’ve been a green card holder for 20 years, the current immigration climate has made a large population quite nervous to travel! But majority of lawful permanent residents don’t have much to fear. If you do not have any prior arrests nor any previous criminal history, then you should be able to enjoy your trip abroad without running into issues at the airport upon your return to the U.S.

To be extra safe, consider the following:

• Will your green card expire before you return to the U.S.?
• Is your trip abroad for more than 6 months?
• Have you ever been arrested in the U.S.?
• Have you ever been to court or had charges filed against you?
• Do you have any unpaid fines?

If you answered “no” to the questions above, then you should have a smooth experience at the airport and you can enjoy your trip abroad!

If you answered “yes” to any of the questions above, speak with an immigration attorney to determine the risks that may be involved with your travel plans.

CBP Discretion

Now, most immigration attorneys will tell you all of this and to take it with a grain of salt. This is because the CBP officers at the airport have wide discretion. They can still pull you aside to ask you questions and look up your file in the system. They may also ask to search your phone. If you answered “no” to all the questions above, then you have nothing to hide and you just happened to get an officer who may be having a rough day. At the end of it, the officer will confirm your status and that they have no reason to deny you entry to the U.S.

What a CBP officer cannot do is force you to give you their phone. In other words, you may refuse a search of your phone. A CBP officer also cannot outright revoke your lawful permanent resident status, as you are entitled to court proceedings.

When You Should Not Leave the U.S.

For others, you may want to reconsider your vacation or even business travel if you have a criminal history in the U.S. As always, it depends on the exact facts of your situation (e.g., when the incident occurred, final outcome, charges filed, fines paid, etc.). If you have any previous arrest or criminal history, speak with an immigration attorney to determine whether now is a good time to leave the U.S. C

Conclusion

So long as you do not have any previous arrests or criminal history, nor any outstanding fines, you should be able to take your trip with peace of mind.

When in doubt, speak with an immigration attorney prior to your departure of the U.S. to assess any risks involved.